Meenakshi Rao, Ph.D. Scholar (2023-24), Faculty of Law, University of Delhi
ABSTRACT
SLAPP suits or strategic suits against public participation have emerged as an alarming phenomenon in India. They are filed by powerful corporate actors to silence or intimidate critics and activists. These actors use defamation laws to suppress dissent. Consequently, there is a growing need to challenge misuse of defamation laws and protect the right to freedom of expression in India.
The author adopted the Doctrinal method of research, aimed to study the constitutional history of fundamental rights and how the SLAPP suits poses a challenge and infringes the fundamental right. The study explores the tensions between jurisprudence that threatens or silences voices and the gradual evolution of fundamental rights, particularly freedom of expression, within the Indian constitutional framework. This study assesses the impact of SLAPP suits on the interpretation, implementation, and development of fundamental rights as India's democracy matures.
Looking at the buildout of fundamental rights in India, it becomes clear that the slap in the face is in direct contradiction to the progress made in the realization of these rights. The Indian Constitution gives certain fundamental rights, including freedom of speech and expression. But abuse of defamation laws through lawsuits undermines those rights and stifles public participation. While India has made significant progress in recognizing and protecting fundamental rights, the prevalence of explosions underscores the need to further improve legal mechanisms to protect these rights. This could include reforms to defamation laws to prevent their abuse, as well as strengthening judicial review and protection against defamation.
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